Committee recommends quashing Marion Council by-law to fine shoppers and supermarkets for dumping trolleys

Marion Council have a new by-law which aims to fine people or stores for abandoning trolleys in the street. But it appears doomed before issuing even one fine.

Marion Council insists supermarkets must take some responsibility for the scourge of dumped trolleys in local streets. File image: AAP / Carmela Roche

An Adelaide council’s plan to fine shoppers and supermarkets almost $200 for failing to return trolleys looks set to be rejected by State Parliament on the grounds that is unfair on retailers.

But Marion Council insists supermarkets must take some responsibility for the scourge of dumped trolleys in local streets.

Its by-law, which came into effect on November 2 last year, gives its officers authority to fine shoppers $187.50 if they do not return trolleys when told to do so within a time an officer specifies.

Supermarkets can also be hit with fines of the same amount. However, if they have a “trolley containment system” to combat dumping, such as wheel locks or a “coin deposit and release” system, they have 72 hours after notification to collect trolleys before fines are issued.

After a three-month grace period, the by-law became enforceable this week, though no fines have yet been issued.

But now Parliament’s Legislative Review Committee has recommended MPs vote to quash it.

Presiding member Nicola Centofanti, a Liberal MLC, said the committee felt it was “unduly impinging on personal rights and liberties” because “the owner of an object who has that object effectively stolen is penalised because the person (who) stole the object did not dispose of it properly”.

Parliament’s Legislative Review Committee has recommended MPs vote to quash the by-law. File image: AAP / Carmela Roche

That was among “a range of concerns” raised with the council about the by-law, which will be debated in the Legislative Council later this month. Ms Centofanti said it would have been preferable “not to bring on the disallowance motion in such a swift manner, (but) it was required” given the by-law was now operational.

“I’m personally of the view that a Drakes or Foodland shouldn’t be held responsible by the council for the theft and improper disposal of their property,” she said.

Marion Mayor Kris Hanna said supermarkets did not have “moral culpability” for shoppers stealing trolleys. But the problem could not be solved without their co-operation which, after two-and-a-half years of discussions, now needed “a stick and carrot” approach.

Mr Hanna said the aim was to prompt more retailers to adopt containment systems. He said one supermarket that years ago adopted a system requiring a coin to release a trolley from a stack – the coin is returned when the trolley is put back – had vastly lower dumping rates than other retailers.

He hoped MPs would ignore the committee’s recommendation and vote in favour of the by-law.

“People are sick of trolleys being left in the streets,” he said.

Councillor Bruce Hull said if MPs failed to back community concerns on “huge issues”, then “we’ve got the wrong legislators”.